More Yard Room Wanted

August 14, 2002|By Beth Feinstein-Bartl Special Correspondent

PEMBROKE PINES — People who live in the Monte Carlo Townhomes want the city to give them more room in their back yards.

Currently, a city setback law bans anyone from permanently using any land within a 5-foot-wide strip along both sides and at the rear of the fenced-in neighborhood yards. The rule makes it so there is only a small piece of land left for a patio and chairs, said Kevin Klarkowski, senior vice president for the Continental Group, a property management company that manages the townhomes.

The 96-townhome Monte Carlo complex, built last year, is at the northeast corner of Johnson Street and Palm Avenue. Because of the setbacks, each 18-by-9-foot yard has only 8 feet-by-4 feet of usable space, said Ralph Rogers, a Monte Carlo Townhomes board member.

Klarkowski and board members sought a variance from the city's Board of Adjustment on Aug. 1. The matter was postponed until Sept. 5 so Monte Carlo representatives can provide signed statements from townhome owners stating they want the rule changed.

Board of Adjustment members said Monte Carlo's board of directors needs the signed documents to give them the right to speak on behalf of the community.

Townhome owners are only asking to use what they already have, Klarkowski said.

"Many people thought they could build a patio," Rogers said. "When they applied for permits from the city, they were told it can't be done because of the setbacks."

Board of Adjustment member James Ryan said the rule could have been challenged when United Homes, Monte Carlo's developer, originally sought permits to build.

"They chose to lay out these homes the way they did," Ryan said.

Klarkowski, however, said it is unfair to blame the homeowners.

"The homeowners purchased on good faith," Klarkowski said. "At the time, they weren't aware of any hearings. Their perception was that they have a nice fenced-in yard. But the first time they try to do anything, Code Enforcement is there."

The complex wants a community-wide variance. Covering the entire complex also would make it easier for city officials, Klarkowski said.

"This way, variances don't have to be granted on a one-on-one basis each time someone makes a request," he said.

The Board of Adjustment can approve the variance, with no further action needed. If the board denies the variance, the townhome community can appeal to the City Commission.